"...appointment to the Board of any state owned companies should be an honour and not financial gain..." - a comment in this Blog

10:42AM May 28, 2014

PSM man once again sole MP to declare wealth

PSM’s Dr Michael Jeyakumar Devaraj yesterday yet again became the sole MP to declare his wealth to date.
Re-elected for the second term as Sungai Siput MP last year, the medical
doctor has RM265,300 worth of cash and property to his name, made up
of:

Home in Ipoh – RM140,000 (up from RM130,000 last year);

1988 Volvo car – RM10,000 (up from RM2000 last year);

1996 Pajero 4WD vehicle (gift from a friend) – RM6,000;

1986 Mazda car (used by the PSM Buntong branch) - RM300;

2000 Nissan Sentra car – RM15,000;

Life savings - RM50,000 (up from RM10,000 last year);

Shares - RM44,000 (up from RM10,000 last year).

Jeyakumar (left)
said that his Volvo was estimated by a used car dealer to be worth
RM2,000 last year, but a recent check on a used car website found that
it is actually worth RM10,000.
The declaration was endorsed by a commissioner of oath.
Speaking at the ceremony to declare his wealth yesterday, he said that
parliamentarians are civil servants and cannot use their position to
obtain wealth.
PSM has a tradition of mandating that its representatives in public office to declare their wealth.
According to Jeyakumar, lack of resources does hinder the party from
providing assistance to the constituents to a certain extent.
He expects 2500 complaints to be lodged on community matters at his
service centre this year with issues ranging from higher shop rentals,
land grants, deaths in custody to native customary land.
“Not all of these issues can be resolved successfully but the key factor
in solving them is people’s participation. PSM encourages the people to
actively participate in the struggle for human rights.
“In Perak, BN and Pakatan hold almost the same number of seats in the
state legislative assembly, so now is the time for the ordinary man, the
farmer and the smallholders to be bold in their struggle in order to
gain attention from both sides,” he said. - Malaysiakini, 28/5/2014, PSM man once again sole MP to declare wealth

Tuesday, May 27, 2014

What is the use if one's Member of Parliament, State Legislative Assembly person (ADUN) and even Senators(though not directly elected by the people) are distracted with their own business?

1- Attending and participating actively and effectively in Parliament and State Legislative Assembly sittings - well, this is a MUST and not an option. They were elected to represent people in these forums specifically, and as such presence here is mandatory (If no time or busy doing something else like one's own personal business, they should never have even stood as peoples' representatives)

What does effective participation mean? Attendance is obvious, but it also means coming PREPARED - with questions that require answers, with points that need to be raised, debated, etc...

One comes with full awareness of what is the agenda...of what question will be asked and answered by the relevant Minister (so need to prepare 'follow-up' questions that could be raised by MPs...), There may be Bills that will be read and debated, so the MP needs to have read the Bill, and is ready with the points that he/she wants to make to support the Bill (or a particular clause) or to oppose it, there may be motions that will be tabled - so the MP needs to be ready with the arguments for and against,...

All this is a lot of work, and requires a full-time MP, ADUN and/or Senator - a lot of study, consultation and preparation is needed for this - is the 'wakil rakyat' prepared?

2 - Preparing and submitting Parliamentary Questions- Soalan Lisan[Oral Questions] dan Soalan Bertulis [Questions for written replies] - For each parliamentary session, an MP is allowed to ask 10 questions for oral answers (which will also allow the MP to ask a follow-up question, and 2 other MPs to ask further follow-up questions), and 5 questions for written answers.

So, the question is whether your MP/ADUN/Senator has used this opportunity to ask questions - 10 + 5 questions. Or has he/she been too busy with 'own business' to have not even put in these questions to the government? How many questions? What were the answers received to those questions requiring written answers?(Answers to Questions requiring oral answers could be found in the Hansard[minutes of the Parliamentary session] - but the written answers are send to the MP or wakil rakyat asking the questions, and if they do not SHARE the answers, we, the people will never know...

3 - Motions (USUL)- any MP can also table Motions to be debated - and how many Motions have been tabled by your MP/Senator/...?

4 - Bills (Rang Undang-Undang) - An MP can also table a Bill (a proposed new Law, or a proposed Bill to amend an existing law) - has our MPs tabled such Bills...we really do not have to wait for the government to table Bills and proposed new laws...

5 - Media Statements - Yes, an MP/ADUN/Senator can also issue a media statement and have a press conference right there in Parliament, where reporters are always hanging around ... this is a way to get a point of view across to the public... it is very simple to do this? Have your MP/ADUN/Senator done this, or is even planning to do this?

6 - Lobbying support of other MPs, etc ... - well, this is also something that 'people's representatives' can do - not just giving speeches but also lobbying support for issues and concerns ... does your MP or 'wakil rakyat' do this? Caucuses or 'committees' could be formed on various issues. Remember, MPs are 'ordinary' human beings and they need to be lobbied, educated, etc...on issues..

NOW, even when it comes to Parliament and State Legislative Assemblies, there is really a lot of work for MPs and other peoples' reps - and all this needs time and effort, and this is why when elected, one must be FULL-TIME peoples' rep... and not be distracted with private and/or own other businesses...

7 - Peoples' Rep - that means just that, and so there is a need for MPs/ADUNs/Senators to spend time with their constituents - They need to (a) Brief the people they represent of what are the main issues/concerns and ...(b) They need to discuss and consult with their constituents to get their views and opinions ...and 'directives'...as to what the 'peoples' rep' should do...- and these consultations need to be regular - maybe at least one a month or once every 2 months... this is meeting with the people (not a meeting with your political party, not a meeting with cronies, etc..) These sessions could be held in different venues for bigger constituents .... but alas, I do not see this happening.... THIS IS NOT THOSE VISIT HERE, GIVE SPEECH HERE, GIVE AWARD HERE, ... we want consultations - not a 'LISTEN...LISTEN session where they "YB" speak and the people just are expected to listen...

8 - Meeting with people - this is different - this is mingling with the people, walk-abouts chatting with people, dropping by at funerals, weddings, etc... just being with the people. Also means sitting at your office and meeting with constituents who want to meet up... Lim Kit Siang used to frequent different restaurants alone and have a 'teh tarek' giving time for people to meet and talk to him (a good strategy). One must be with the people - after all one is the 'peoples' rep'.

9 - Political party duties - well, most MP/ADUN/Senators also will have their own branches, divisions, etc in their political parties, many of which they may the leaders and such time also will need to be spend here - meetings, sub-committee meetings, programs, ceramahs, etc...

Now, surely we need FULL-TIME MPs/ADUNs/Senators - no more part-time...they must be fully dedicated to the people they represent...

Wednesday, May 21, 2014

Doctors cheated into giving MCs? Well, if a doctor examining a patient is unable to determine whether a person is genuinely ill or not - maybe that doctor should no more be the doctor.

If the doctor accepts 'bribes' and issues MCs - then the doctor must be taken to task first.

There has been some allegations that some panel doctors, in the private sector, try not to give MCs even to genuinely sick and deserving workers as they do not want to jeopardize their removal from the employer's panel. I remember a case when a panel doctor told the worker who had injured his limb that nothing was wrong and refused a MC, and the worker in pain then went to the government hospital and they discovered that the limb was fractured and MC was granted.

Maybe, it may be time for us to just use government doctors, and no more private doctors?

Reduce medical leave entitlement? This is absurd as "...the 2013 figures given by the
Malaysian Employers Federation says the average Malaysian takes less
than 10 days leave, which is less than 50 percent of what he is eligible
for...". In fact medical leave entitlement should be increased so that no sick worker ends up with 'no pay leave' - they deserve paid sick leave. After all, evidence shows that workers do not abuse the entitlement taking sick leave only when sick....

THE blood of employees nationwide must have run cold to read what the Malaysian Medical Association's president had to say about medical chits (MC) yesterday. Medical chits were merely doctor's recommendations and employers could reject them if they believe that the medical leave was unwarranted.

As the cost of doing business keeps rising, and employers scrutinise every possible corner for cutting, many hard-fought labour rights are slowly being chipped away in the name of the bottom line as the balance of power tips back to industrialists. Still, that the matter had to come to this should be of no surprise to anyone. According to the Malaysian Employers' Federation (MEF), Malaysia has the highest medical leave rate in the region and, to be more to the point, "faking it" is rampant. The act of defrauding any system eventually opens it up to measures being instituted that run counter to the initial objectives of that system. In the case of MCs, unfortunately, this would be to the detriment of honest, genuinely ill employees.

Fortunately, so far, the MEF has largely rejected the idea of rejecting MCs because if they get it wrong, and something happens to the employee, the employer is liable. But, this generosity only goes up the letter of the law. Over the years, the MEF has been wanting the government to amend the Employment Act to reduce the number of sick days employers are obligated to give to employees, but this has been opposed by the Malaysian Trades Union Congress on account that it would victimise employees with genuine medical problems. After all, the world is supposed to have moved on from the time when slaves were whipped to the last millimetre of their life in order to wring every drop of blood from their bodies.

To be fair to decent employers and decent employees, the problem of faking a medical leave (either through pretending to be ill or in collusion with unscrupulous doctors) happens because of the lack of integrity on the part of some employees, who do not seem to realise or care that such false claims amount to theft (of manpower). Some of these rotten apples even think of the MC allowance as another form of annual leave and thoroughly utilise it year-in-year-out until their employer finds a legitimate way to dismiss them. It is these people who make it difficult to attain the ideal of good industrial relations, where employees do fair work and employers pay a fair wage. Many honest workers do not resort to taking an MC if they can help it (sometimes to the point of coming to office with a full-blown contagious illness and infecting everyone else), and those who do so genuinely need the recovery time in order to work in top form. So, in dealing with the scoundrels, employers must tread a very fine line so as to not victimise honest employees and alienate their loyalty. - New Straits Times, Editorial:-Routing out MC abusers, 21/5/2014

When a doctor after examining a worker gives a Medical Certificate(MC), that should be sufficient proof that a worker is incapable of going to work - and as such need to just inform the employer that he is sick and will not be coming to work - paid sick leave taken. [If the worker has utilized all his paid sick leave, then maybe he would be considered as being on 'no-pay leave' or maybe on 'paid annual leave']

Now, the outcry is happening when the President of the Medical Association of Malaysia, came out with a statement that "that the Medical Certificate is just a recommendation from the doctor
that the employee be allowed sick leave and it is for the employer to
accept or reject the Medical certificate. They should question the MC,
and refuse to accept it, if they genuinely belief that the MC is
unwarranted."

Such a statement gives the impression that it is up to the employer to make an assessment whether the worker is sick or not, and this is absurd for the medical state of the worker must be accessed by a doctor or a medical personnel - never the employer. What is the MMA President saying, a sick worker with a MC must then go see the employer who then will decide whether the MC is to be accepted or not? Surely, this cannot be the position of the doctors in Malaysia, or even the Malaysian Medical Association(MMA). If the doctor checks and determines that a worker is sick enough to be issued a MC - a certificate that indicates that the worker is not healthy to go to work...that should be sufficient.

The MMA President's statement is irresponsible. No doctor should give an MC if they are of the opinion that a worker is healthy enough to go to work, and no doctor should deny giving a MC if a worker, in his opinion, is sick and need not go to work.

Employers are not doctors - and they have no right to not accept a MC as proof that the worker was sick and could not come to work.

Association
of Maybank Executives (AME) is a trade union representing Maybank
officers union and the undersigned is also the Executive Council member
in Malaysian Trade Union Congress (MTUC).

I
would like to refer to your front NSTP paged article dated 19/5/14 "MCs
may be rejected" and page 8 under "Bosses can reject MCs".

This
statements by MMA (Malaysian Medical Association) is misleading the
public, false impression of authority felt by bosses and totally
irresponsible statement given that Employment Act provides sick leave
for the employees.

MMA also quoted that doctors
only recommends and employers have the right to reject the MC. Doctors
are the only recognized medical practioners and have the sole authority
to decide whether a person deserves MCs or not. No one including
employers has the right to dispute it.

MMA
should ensure their doctors adhered to code of ethics and provide MCs
when really deserved it. MMA should not recommend or give statement
which contravenes the existing labour law and creating unneccessary
stress in employer and employee relationship.

As
such, in future, such statements should be printed especially in your
front page provided opinions also sought from MTUC being the sole body
representing all workers.

MTUC PRESS STATEMENT - MEDICAL CERTIFICATE

Press Statement

20th May 2014

Medical Certificate

Dear editor,

The recent statement by Malaysian Medical Association (MMA) president
Datuk Dr N.K.S Tharmaseelam, undermines the integrity of Malaysian Medical
Profession by stating that employers has the right to question and decide the
validity of Medical Certificate and by
further asserting that MCs is a mere
recommendation. If a medical practitioner has acted beyond his duty and ethic,
than rightly that practitioner should be taken to task and not shift the burden
of deciding ones health to the hand and sole discretion of a lay person and in
this case, the employers

MMA has failed to consider the safety and health of every worker. There
are many workers constantly at risk of handling heavy machineries, faces risk
at constructing high rise building, and working in hazardous working
environment.If a worker continues working after taking heavy dose of
medication, it only places him/her at a greater risk to industrial accident
that may cause loss of limb or worst, life. MMA should suggest ways in which
Industrial accidents could be minimize but instead their suggestions escalate
these risks to safety and health of every worker in Malaysia.

Further, if a worker chooses to pursue to consult a doctor of his choice
or seeking second medical opinion pertaining to his/her health then that is
his/her ultimate right to decide. No one has the right to question his/ her
choices to medication and treatment.

A person health must never be bargain to profit and production. Safety
at workplace must always be the supreme consideration irrespective of profit
margin. MMA’s irrational and unreasonable statement has compromised the safety
and health of every worker. MTUC is very disappointed with the President of MMA’
statement and urges him to retract it.

(N. Gopal
Kishnam)

Secretary
General

019-3174717

Medical sick certificates - The other view

Datuk Dr NKS Tharmaseelan, Media Statement |

Updated: May 19, 2014 (First published on: May 19, 2014 22:40 MYT)

THARMASEELAN: A happy workforce will keep a loyal work force.

There have been occasional media reports over the years,
of doctors selling Medical certificates. The MMA definitely censures
and condemns such practices but there is more to it than meets the eye.
It is simplistic to say that MCs can be purchased. This may not
necessarily be true or rampant. MMA regularly advises doctors should not
be 'easy' in giving medical certificates. The MMA does not condone such
unethical indulgence.

Doctors are part of the service industry and 'to please your customer' is the most important motto in the service industry.

Some doctors issue MCs out of compassion. But this is wrong too. At
times the doctor err on the side of caution to issue an MC. However MCs
should only be issued when the patient is sick and unfit to perform his
duties.

But a rare one does indeed indulge in such a practice
of 'selling MCs' as reported in the media. This besmears the noble
profession. The MMA does not tolerate such unethical practice and will
certainly assist the MMC and the Ministry of Health in weeding out such
professionals.

In 2012, employers have stated that the cost of
absenteeism was about RM100,000 per day and the additional costs of
replacing absent workers and the total lost due to sick leave stands at
RM9 billion or 1 percent of the Malaysia's GDP of RM850 billion. That's a
huge cost on the economy. In 2013, it was to RM8.22 billion, a
significant sum. But the figures may not be reflective of the actual
loss claimed.

Labour laws provide that an employee is eligible
for 22 days of sick leave annually. The 2013 figures given by the
Malaysian Employers Federation says the average Malaysian takes less
than 10 days leave, which is less than 50 percent of what he is eligible
for. Thus the figures of financial loss quoted may not portray the
actual situation .The figures certainly indicate that Malaysians are
actually hardworking and not MC seekers.

Employers would have
to spend more than double the figures and lost more, if Malaysians had
taken all their sick leave entitlement. This is not actual loss as they
should have made provision financially for these sick leaves as
Malaysian Labour law provides for it

Employers must understand
that the Medical Certificate is just a recommendation from the doctor
that the employee be allowed sick leave and it is for the employer to
accept or reject the Medical certificate. They should question the MC,
and refuse to accept it, if they genuinely belief that the MC is
unwarranted. Instead many employers arm twist their panel doctors not to
issue MCs even when warranted

Employers should be looking
within the working environment and improve working conditions. A good
working environment with a caring employer providing job satisfaction
and happiness with a reasonable salary along with adequate intensives
and promotions, will certainly curtail employees from 'feigning'
illnesses to obtain MCs or obtaining MCs for other reasons.

Those employees not taking MCs should be rewarded and probably
considered for promotion. Instead the sick leave not taken is 'burnt'
and the employee feels frustrated that it is a wasted exercise for being
hardworking throughout the year. Employees thus resort to 'ingenious'
ways to fool doctors and obtain MCs.

Loyalty will be prime
importance to the employee if he is looked after well. Many employers
seem to be missing this point and thus lose out on the long run.

A happy workforce is of prime importance to the employer. Extra money
spent on keeping the workforce happy and contented will certainly be
recouped easily when productivity is increased. This will prevent
absenteeism at the workplace.

It will certainly curtail the
innovative and ingenious methods that employees use to obtain MCs to
'escape' pressures from work. The increase in employee benefits will
certainly be only a fraction of almost the RM 10 billion lost due to
absenteeism. If just 10 percent of this is paid in wages or allowances,
it will see a drastic drop in those seeking MCs.

Imposing stiff
working conditions, lack of time with family or opportunities to
interact with family and friends will certainly force 'employees' to
seek ways to absent themselves from work. A happy workforce will keep a
loyal work force.

-------------------------------------------------------**The
views and opinions expressed in this article are those of the author(s)
and do not necessarily reflect the position of Astro AWANI.

Friday, May 16, 2014

Your urgent action is needed.

At 10 pm on the evening of May 15, 2014, a group of approximately 100
unidentified armed men wearing black entered the village. The armed men
attacked the villagers and took 30 villagers as hostages, including two
of the key leaders of the struggle against the mine. The hostages were
placed face down on the ground and their hands and feet were bound. The
barrier that the villagers had constructed to block access to the mine
was destroyed and trucks were seen transporting materials from the mine.
The villagers were released at 4 am, and report being assaulted and
threatened with guns as well as their hands and feet being bound. When
other villagers called the police, only two police were sent to aid
them, and they turned back once they saw the large number of armed men.
At this time, the identity of the armed men who entered the village is
not known, nor is the precise content of what they were carrying out of
the mine.

The
Asian Human Rights Commission (AHRC) has learned that threats against
human rights defenders working to protect their communities from the
negative effects of mining in Loei province are increasing and reaching a
dangerous threshold. Tungkum Limited (TKL), a subsidiary gold
exploration and mining company of Tongkah Harbour Public Company
Limited, has taken legal action against the Khon Rak Ban Koed Group, a
group of villagers from six villages including Nanongbong, who have
protested against the mining industry and the expansion of the Phuthapfa
gold mine in the Loei province in North eastern Thailand. The members
of the Khon Rak Ban Koed Group have battled to protect the environment
and natural resources of their village and to uphold their community's
agricultural practices.

At the time of the release of this
Urgent Appeal (9 am, May 16, 2014, Hong Kong), the AHRC has learned that
at 10 pm on the evening of May 15, 2014, a group of approximately 100
unidentified armed men wearing black entered the village. The armed men
attacked the villagers and took 30 villagers as hostages, including two
of the key leaders of the struggle against the mine. The hostages were
placed face down on the ground and their hands and feet were bound. The
barrier that the villagers had constructed to block access to the mine
was destroyed and trucks were seen transporting materials from the mine.
The villagers were released at 4 am, and report being assaulted and
threatened with guns as well as their hands and feet being bound. When
other villagers called the police, only two police were sent to aid
them, and they turned back once they saw the large number of armed men.
At this time, the identity of the armed men who entered the village is
not known, nor is the precise content of what they were carrying out of
the mine. This information is unconfirmed and the AHRC will provide an
update as we learn more information.

CASE NARRATIVE:

According
to information provided by Protection International Thailand and the
Khon Rak Ban Koed Group, in 1996, the Thai Department of Mineral
Resources approved Tungkam Limited's (TKL) gold mining license
applications in Wang Saphung District in Loei Province. TKL is a
subsidiary of the Tongkah Harbor Public Company Limited, which has
Australian and German financial support.

However, since 2009,
there has been clear evidence of the detrimental effects of the mines on
the health, agriculture, and livelihood of the surrounding villages. A
report released in February 2009 by Thai government officials warned
residents to refrain from drinking the local water or using it to cook
due to elevated levels of cyanide, arsenic, cadmium and manganese. In
2009, blood tests of local people also showed that the level of toxic
heavy metals far exceeded safety standards, while water, soil and
farmland were found to have been contaminated with heavy metals.

On
8 February 2011, the cabinet ordered a halt to the gold mining
operation in the area pending a proper study on the impacts to the local
community's health and the environment. In September 2013, a public
hearing was held on the planned gold mine expansion in Wang Saphung
District in Loei Province. The hearing captured media interest after
local villagers were blocked from entering the hearing venue by
approximately 700 police officers.

The
villagers in the communities surrounding the mine in Khao Luang have
suffered a myriad of consequences from the mining operation, but very
few benefits. They suffer health consequences and their water is
poisoned. Very few villagers are employed by the mine and they have not
received any financial compensation for the negative effects they have
suffered. Therefore, since 11 October 2013, the villagers have been
blocking the road the mining operator uses to deliver minerals.

In response to the villagers' action defending their rights, TKL has
taken legal action. TKL has filed seven criminal and civil lawsuits
against 33 villagers. TKL has sought to lay criminal charges on the
villagers for trespassing and loss of property and TKL has alleged that 7
villagers trespassed on the company's compound on 11 October 2013. The
company has also taken civil action against 20 villagers. TKL has
demanded compensation of 50 – 70 million Thai Baht (approximately 1.5 to
2.2 million USD) from each villager; the total amount of monetary
compensation being sought by TKL is 270 million Thai Baht (approximately
8.3 million USD).

Mediation
between TKL and the community members has been planned for 3 June 2014
and will take place at the Loei Court. A judge from the Loei Court and
the National Human Rights Commissioner, Niran Pitakwatchara, will act as
mediators to bring the parties together and create a dialogue in an
attempt to work out a solution to the dispute that both parties can
agree upon.

Concurrent with the initiation of legal
proceedings, villagers who are leading the protest against mining
operations are also facing intimidation and threats.

In
September 2013, a public hearing was held on the planned gold mine
expansion in Wang Saphung District in Loei Province. The hearing
captured media interest after local villagers were blocked from entering
the hearing venue by approximately 700 police officers. The police
forces were commanded by Major General Sakda Wongsiriyanon.

In
October 2013, the villagers built a barricade in front of the entrance
to the mining site. However, the blockades were overthrown twice by the
authorities in the same month. Major General Sakda was involved,
directly and indirectly, in the attempts to destroy the barricade.

During
this time, community leaders were also threatened by fake bombs planted
in front of their houses. General Somyot Phumpanmuang, who was the
Deputy Commissioner of Police at the time, also held a position as a
director of TKL. As a result, the police were never able to ensure the
security of the community members. No progress or follow up action was
taken by the police in relation to the bomb threats.

Between
October to December 2013, community members saw a number of strange men
in their area who they believed were gunmen from the Chonburi area. To
determine the identities of the men, the community members checked their
car registration information. Other strange men with guns were also
seen. As a result, the community arranged for four check points to
prevent people from coming and destroying their barricade.

On
the night of 20 April 2014, the mining operator sent a middleman to talk
with the village leader, offering to withdraw three of TKL's lawsuits
against the villagers in exchange for the lifting of the barricade so
that TKL could move the mined copper out from the mine.

On the
morning of 21 April 2014, a convoy of trailer trucks accompanied by a
number of smaller vehicles with concealed licence plates drove through
the villages to the mine. Later that day, Lieutenant General Poramet
Promnak entered into the house of Mr. Surapan Rujchiawat, the leader of
the Khon Rak Ban Koed Group. Lieutenant General Poramet was accompanied
by 15 men wearing black. Four of these men claimed to be soldiers.
Lieutenant General Poramet demanded that Mr. Rujchiawat lift the
barricade to allow through trucks transporting copper ore from the mine.
The information from the court hearing indicates that the amount of
copper ore in concern was worth 300 million Thai Baht. The villagers set
up a team to check that the trucks did not contain amounts in excess of
that allowed by the law and also to prevent people from coming to
threaten the leaders.

BACKGROUND INFORMATION:

On
23 April 2014, Mr. Pramote Pansit, the son of the management director
of TKL, telephoned Ms. Samai Pakdee, one of the members of the Khon Rak
Ban Koed Group asking to negotiate. Lieutenant General Poramet Promnak
also called to ask for a follow up meeting but later cancelled the
meeting after learning that Mr. Pramote Pansit had already called.

Mr.
Pansit's proposal offered the villagers 20% of TKL's shares in the mine
and that the company's profits will be shared with the locals through a
fund. TKL also agreed to conduct their mining operations without the
use of cyanide in gold and would allow six of the village residents to
monitor the mining operations at any time.

Mr. Thanawat
Timsuwan, the head of the Loei Provincial Administrative Organization
(PAO) has appointed himself as a broker to buy copper ore from TKL. He
has offered to give 5% of the profits to the local community in exchange
for transporting the products of the mine over public roads. This would
involve the destruction of the barricade and rebuilding it after the
transportation is completed. A representative acting on behalf of the
villagers in the negotiations set a number of conditions prior to the
negotiations. The representative sought guarantees from TKL that it will
not transport any copper prior to the negotiations. TKL were to
disclose their buyers and show the agreements between TKL and their
intended and actual buyers. TKL were also asked to show the licences
approved by the agencies involved. TKL's representative at the
negotiations was also asked to bring a letter of authorisation to show
that he had the power to act and make decisions on behalf of TKL.

ADDITIONAL INFORMATION:

There
are close links among the military, local authorities and private
capital figures involved in mining in Loei. Currently, both Mr. Thanawat
Timsuwan and Major General Sakda Wongsiriyanon act as consultants to
the Sermthappaisan Companies Group. Lieutenant General Poramet Promnak
has also claimed that he has close ties with the Timsuwan family. The
Timsuwan family has strong influence over the mines in the province and
has been accused of being involved in the murder of Mr. Prawiean Bunnuk,
the leader of a teacher's association who struggled against stone
mining 19 years ago. Given the broader atmosphere in which the status
of human rights and the rule of law are at stake in Thailand, the AHRC
wishes to stress that it is essential that the rights of the members of
the Khon Rak Ban Koed Group and the villagers in the area affected by
mining in Loei province are protected. The AHRC is concerned that the
growing crisis at the national level in Thailand and the compromised
position of independent organizations may create a political vacuum in
which the violation of rights is facilitated and securing protection and
accountability are more difficult. This case recalls the series of
cases of intimidation and assassination of community and environmental
activists which took place ten years ago in which close ties between
state officials and private capital left HRDs with few avenues of
protection (See “Appendix I: Collusion and influence behind the assassinations of human rights defenders in Thailand”).
The AHRC calls on concerned parties to take action on behalf of the
HRDs fighting against the negative effects of mining in Loei province as
well as to continue monitoring this case closely.

REQUESTED ACTION: Please
write letters to the authorities below, asking them to take action to
protect the rights of the human rights defenders and other villagers in
Loei.

Please note that the Asian Human Rights Commission has
written letters to the UN Special Rapporteure on Situation of Human
Rights Defenders and the Independent Expert on the issue of human rights
obligations relating to the enjoyment of a safe, clean, healthy and
sustainable environment seeking their urgent intervention in this case.

Victims:
Villagers from six villages including Nanongbong, who have protested
against the mining industry and the expansion of the Phuthapfa gold mine
in the Loei province in North Eastern Thailand Alleged perpetrators: 1. Tungkam Limited's (TKL) 2. Royal Thai Army Date of incident: Since February 2009 to 16 May 2014 Place of incident: Loei province in North Eastern Thailand

I
am deeply disturbed to have learned that threats against human rights
defenders working to protect their communities from the negative effects
of mining in Loei province are increasing and reaching a dangerous
threshold. Tungkum Limited (TKL), a subsidiary gold exploration and
mining company of Tongkah Harbour Public Company Limited, has taken
legal action against the Khon Rak Ban Koed Group, a group of villagers
from six villages including Nanongbong, who have protested against the
mining industry and the expansion of the Phuthapfa gold mine in the Loei
province in North eastern Thailand. The members of the Khon Rak Ban
Koed Group have battled to protect the environment and natural resources
of their village and to uphold their community's agricultural
practices.

Given the broader atmosphere in which the status of
human rights and the rule of law are at stake in Thailand, I would like
to stress that it is essential that the rights of the members of the
Khon Rak Ban Koed Group and the villagers in the area affected by mining
in Loei province are protected. I am concerned that the growing crisis
at the national level in Thailand and the compromised position of
independent organizations may create a political vacuum in which the
violation of rights is facilitated and securing protection and
accountability are more difficult. In particular,

I would like to urge:

1.
The Commander-in-Chief of the Royal Thai Army investigate and
discipline the group of soldiers involved in the threats, intimidation
and harassment that have been made on villagers and their leaders.

2.
The Commissioner General of the Royal Thai Police to investigate the
performance of local authorities for failing to address bomb threats
against the villagers. It is paramount that the police actively protect
the villagers and HRDs involved in the case.

3. The Department of
Special Investigation, Ministry of Justice to investigate the purchase
and sale of minerals by TKL. The Department is urged to implement
security and protective measures to ensure the safety of members and
leaders of groups who protest against mining companies.

4. The
Subcommittee on Civil and Political Rights at the National Human Rights
Commission to immediately investigate violations of the rights,
including the human rights, of the community and the threats,
intimidation and harassment that have been made on the villagers and
their leaders. The NHRC should also coordinate with relevant local
authorities, including the governor of Loei, to ensure the safety of all
HRDs involved in this case.

SHARPS is the main group that was involved in this campaign - a group comprised of civil society, Trade Union, etc...

Who is SHARPS? We are Supporters for the Health And Rights of People in the Semiconductor
industry. We are composed of independent labor unions (KCTU), human
right groups, occupational safety and health (OSH) groups, progressive
political parties, and workers’ organizations against Samsung.

Samsung Finally Apologizes To Workers Who Got Cancer While Making Chips

| by
YOUKYUNG LEE

Posted:
05/14/2014 3:26 am EDT
Updated:
05/14/2014 2:59 pm EDT

SEOUL, South Korea (AP) — Samsung Electronics Co. apologized
and promised compensation to chip factory workers who suffered cancers
linked to chemical exposure, a rare win for families and activists seven
years after the death of a 23-year-old employee from leukemia
galvanized a movement to hold the company to account.

Samsung said
the apology does not mean it concedes a link between the chemicals used
in its chip factories and cancer and other diseases. Still, the
company's statement Wednesday that it should have sought a solution
sooner is an abrupt shift in Samsung's stance and a form of vindication
for workers and their families.

Samsung vice chairman Kwon Oh-hyun
said the company, the world's largest maker of smartphones and memory
chips, will compensate workers and their families.

"We feel regret
that a solution for this delicate matter has not been found in a timely
manner, and we would like to use this opportunity to express our
sincerest apology to the affected people," Kwon, who oversees Samsung's
semiconductor and display panel businesses, said in an emailed
statement. Local news channels showed Kwon reading the statement before
reporters.

The Samsung statement comes a month after opposition
party lawmaker Sim Sang-jeung urged the government and Samsung to come
up with measures to help victims and prevent workplace diseases. The
resolution proposed by Sim in April said 114 of 243 workers sickened
since the 1990s were former Samsung semiconductor employees.

For
the past few years, Samsung has resisted calls to apologize. The company
also provided assistance to a government compensation agency in legal
battles over the agency's refusal to pay compensation to workers. In
South Korea, companies pay levies that the government uses to fund
compensation for workplace accidents and illnesses.

Courts have
ruled in favor of compensation in three of about a dozen cases. The
government agency, Korea Workers' Compensation and Welfare Service,
appealed.

Kwon said Samsung will no longer be involved in the lawsuits.

Former Samsung workers, their families and civil groups struggled for years to raise awareness about the cancer cases.

Last
year, the story of Hwang Yu-mi, who died aged 23 from leukemia in 2007
and her father's legal battles, was made into a movie funded by
donations and brought more attention to the possible link between
conditions at Samsung's older factories and cancers in workers.

Sim,
the lawmaker, and SHARP, the advocacy group that helped Hwang's father
and the families of other victims, welcomed Samsung's apology and urged
the company to begin discussions about compensation.

Samsung
watchers say the cancer controversy is a sticking point that Lee
Kun-hee, Samsung's chairman and son of the group's founder, wants to
resolve before passing leadership to his own son. Lee, 72, is in
hospital in a stable condition after suffering a heart attack on
Saturday.

Samsung apologizes to sickened chip workers, promises compensation

By Youkyung Lee,
Thursday, May 15, 6:29 AM

SEOUL — Samsung Electronics on
Wednesday apologized and promised compensation to chip-factory workers
who suffered cancers linked to chemical exposure, a rare victory for
families and activists seven years after the death of a 23-year-old
employee from leukemia galvanized a movement to hold the company
accountable.

Samsung said the apology does not mean that it concedes a link
between the chemicals used in its chip factories and cancer and other
diseases. Still, the company’s statement that it should have sought a
solution sooner is an abrupt shift in Samsung’s stance and a form of
vindication for workers and their families. Samsung Vice Chairman Kwon
Oh-hyun said the company, the world’s largest maker of smartphones and
memory chips, will compensate workers and their families.

“We feel regret that a solution for this delicate matter has
not been found in a timely manner, and we would like to use this
opportunity to express our sincerest apology to the affected people,”
Kwon said in an e-mailed statement. Local news channels showed Kwon, who
oversees Samsung’s semiconductor and display panel businesses, reading
the statement before reporters.

The Samsung statement comes a
month after opposition-party lawmaker Sim Sang-jeung urged the
government and Samsung to come up with measures to help victims and
prevent workplace diseases. The resolution proposed by Sim in April said
114 of 243 workers sickened since the 1990s were former Samsung
semiconductor employees.

For the past few years, Samsung has
resisted calls to apologize. The company also provided assistance to a
government compensation agency in legal battles over the agency’s
refusal to pay compensation to workers. In South Korea, companies pay
levies that the government uses to fund compensation for workplace
accidents and illnesses.

Courts have ruled in favor of
compensation in three of about a dozen cases. The government agency,
Korea Workers’ Compensation and Welfare Service, appealed. Kwon said
Samsung will no longer be involved in the lawsuits.

Former Samsung
workers, their families and civil groups struggled for years to raise
awareness about the cancer cases. Last year, the story of Hwang Yu-mi,
who died of leukemia in 2007 and her father’s legal battles was made
into a movie funded by donations and brought more attention to the possible link between conditions at Samsung’s older factories and cancers in workers.

Sim,
the lawmaker, and Sharp, the advocacy group that helped Hwang’s father
and the families of other victims, welcomed Samsung’s apology and urged
the company to begin discussions about compensation.

Samsung
watchers say the cancer controversy is a sticking point that Lee
Kun-hee, Samsung’s chairman and son of the group’s founder, wants to
resolve before passing leadership to his own son. Lee, 72, was in a
hospital in stable condition after suffering a heart attack Saturday.

Sunday, May 11, 2014

WORKERS' MINIMUM STANDARDS OF HOUSING AND AMENITIES ACT 1990 is there but it section 2(1) says '(1) Nothing in this Act shall apply to any place of employment or part thereof, situated within the area of a City Council, a Municipal Council or a Federal Territory, and 2(3) says 'Minister may by order declare this Act or any provision thereof, to be applicable to any place of employment or to any specified class of place of employment situated within the area of any Municipal Council.

The ACT also do not stipulate anything about 'overcrowding', and this must be remedied, standards must be set to stipulate maximum number of workers per house/accommodation, the number of workers per toilet, etc.

The ACT must also remove the exclusion of 'situated within the area of a City Council, a Municipal Council or a Federal Territory' and apply to all worker housing.

In fact, the 'City Council, a Municipal Council or a Federal Territory' should also have laws that stipulate the minimum standards of housings, and actively enforce these laws for all worker accommodations within its jurisdiction.

People need to ask the question: How come migrant workers who are disease free when they arrive in Malaysia end up being deported by reason of diseases that they could have most likely only got. like TB, due to poor living and working conditions?

Stiffer penalties urged for ‘overcrowding’ foreign workers

Posted on 6 May 2014 - 07:34pmLast updated on 6 May 2014 - 07:46pm

Alvan Loh
newsdesk@thesundaily.com

GEORGE TOWN: A Penang lawmaker has called
for stiffer penalties against property owners who cram as many foreign
workers as they can into one residential unit.

Pulau Tikus assemblyman Yap Soo Huey said the six months prison
sentence and RM2,000 fine provided for overcrowding under the Local
Government Act 1976 was insufficient.

She described the present penalty as a slap on the wrist and urged for higher penalties to be passed.

Yap said the Act considered a residential unit as overcrowded if
there was less than 32 sq m of internal space for every adult in the
unit.

She added overcrowding led to social and hygiene problems as those
staying in cramped living quarters had less personal space and had to
share only one or two toilets.

"When 15 to 20 persons are living in the same area, how can there be
enough sewage, garbage disposal and washing facilities in the house?

"This leads to poor living conditions like smelly clothing drying
outside their area and rubbish discarded carelessly," she said in a
press conference today.

According to Immigration Department statistics, Yap said, there were
some 2.1 million registered foreign workers in Malaysia and most of them
were employed in the manufacturing and construction sectors. There are
more than 100,000 of them currently staying in Penang.

Saturday, May 10, 2014

Good that the government has extended the retirement age to 60 - but what concerns us most is that today many employers are not providing regular(permanent employment) until retirement age.

Short-term or fixed-term employment contracts which only guarantees employment for the term, as per contract and with no provision for even extension of such contracts if the work the worker has been employed for still exist. Malaysian government fails in stopping this trend that will lead to precarious employment with no financial/economic security for the worker and their families. The concern for such workers is whether I will have a job after my contract ends. There is also concern that such short-term contract will be prejudicial to senior workers, and women especially those of child-bearing age or pregnant. Will employers hire a women who is 2 months pregnant?

Unless, this Malaysian government puts it foot down in favour of workers and their family, and insist that all (if not most) will be employed as regular employees until retirement, the increase of retirement age or even better maternity benefits will not benefit workers on fixed-term employment contracts - a most precarious employment practice.

Regular employment is just and must be right to all workers. Workers want employment security... they want stability for themselves and their families... Workers get their skill-training at the workplace ... all of which is useless because after the end of my short-term contract, there is no other, say electronic factory, where I can apply for a job. The only jobs available in my town may be a plywood factory...where skills I got in my past job in an electronic factory is really useless.

With regular employment until retirement - one reasonably can expect better rights as my years of employment increase, and this would include wages. Even the Employment Act provides for increases in annual leave, sick leave, etc... which increases with tenure...All this would not be available for those in short-term employment contracts and other precarious forms of employment arrangements...

Regular Employment Until Retirement does not prejudice the employer, as he can always lay-off or retrench workers if his business foes not need them anymore. The employer can terminate workers who commit serious misconduct or serious breaches of employment agreement.

Updated:
Sunday May 4, 2014 MYT 5:09:54 PM

MTUC calls for strict enforcement of new retirement age, minimum wage

PETALING JAYA: The Malaysian
Trades Union Congress (MTUC) on Sunday called on the Labour Department
to strictly enforce the new retirement age of 60 for private sector
employees that came into force on July 1 last year.

Its deputy secretary-general, A. Balasubramaniam, said the congress
had received complaints that many companies were not complying with the
new regulation.

"We have been informed that errant companies were still using the old
55-year retirement age clause in the contracts for new employees," he
told Bernama.

Balasubramaniam said the Labour Department could invoke Section 65 of the Employment Ordinance 1955 to inspect these companies.

On the minimum wage issue, Balasubramaniam said this too was not
fully implemented, as thousands of workers were still not being paid the
minimum wage of RM900 per month for peninsular Malaysia and RM800 for
Sabah and Sarawak.

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